A. As to the facts charged in this case of mistake of facts, the Defendant did not inflict an injury upon the victim’s face by drinking at a place at the same time as indicated in the judgment of the court below, or by breathing flaps.

B. The sentence imposed by the lower court (two years of imprisonment for a term of six months suspension, probation, community service, and forty hours of participation in law-abiding driving) is too unreasonable.

2. Determination

A. In light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act to determine the assertion of mistake, if there are extenuating circumstances to deem that the first instance court’s determination on the credibility of a statement made by a witness of the first instance was clearly erroneous, or if there are exceptional circumstances to deem that maintaining the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is considerably unfair, the appellate court should respect the first instance court’s determination on the credibility of a statement made by a witness of the first instance court, unless the first instance court’s determination and additional evidence examination

(See Supreme Court Decision 2006Do4994 delivered on Nov. 24, 2006). The court below rejected the above assertion by the defendant on the same grounds as the grounds for appeal of this case in the judgment of the court below. The court below rejected the above assertion by the defendant on the grounds for appeal of this case. The circumstances shown by the court below are as follows: ① A victim D has consistently been able to be informed by the evidence duly admitted and investigated by the court below; ① A victim D had been under the victim’s left face at the temporary location as stated in the judgment of the court below from the investigative agency to the court of the court below; ② A victim D had consistently been under the victim’s own face at the time of the court of the court below; and thereafter, he stated that he was under the victim’s body while drinking and obsing the victim; ② H was present at the court of the court of the court of the court below as a witness